Program Handbook - Saskatchewan Crop Insurance Corporation
Transcription
Program Handbook - Saskatchewan Crop Insurance Corporation
Program Handbook Delivered by Saskatchewan Crop Insurance Corporation (SCIC) AgriStability in Saskatchewan The Saskatchewan Crop Insurance Corporation (SCIC) is now delivering the AgriStability program on behalf of the federal and provincial governments. As a business risk management program, AgriStability is designed to provide financial support when producers incur large financial losses. It gives producers the opportunity to keep their farming income stable, while protecting their farm operations from a large margin decline. By bringing this program under the administration of SCIC, the delivery of AgriStability and Crop Insurance programs will closely parallel each other, creating enhanced customer service for Saskatchewan producers. Deadlines March 31 Deadline to submit your interim application. April 30Deadline for new participants to request a New Participant Package. Deadline to cancel participation in the program year (or 30 days from the date on your Enrolment/Fee Notice, whichever is later). Deadline to pay your program fee without penalty,* (or 30 days from the date on your Enrolment/Fee Notice, whichever is later). *Fees paid after April 30 (or 30 days from the date on your Enrolment/Fee Notice, whichever is later) will have a 20 per cent penalty added. Amendments – If you wish to change the information which was either originally submitted on your AgriStability forms or used in calculating your program benefits, you can request an adjustment within 18 months from the date of your original Calculation of Program Benefits notice. September 30Deadline to submit your AgriStability program forms without penalty. December 31Deadline to submit your AgriStability program forms with penalty.* Deadline to pay your program fee with penalty. If you do not pay your fee by December 31 you will be ineligible to receive benefits for that program year. *If you miss the September 30 deadline to submit your AgriStability program forms, you have until December 31 to submit your form with penalty. A penalty of $500/month will be deducted from your benefit. If no benefit is calculated there will be no penalty applied. Appeals – An appeal may only be requested within 90 days from the date you are notified that your adjustment request is denied. For issues unrelated to adjustments, you will have 90 days from the date you are notified by SCIC of the decision which is subject to appeal. 1 Table of Contents 1.0 SCIC AgriStability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.1 Program Information . . . . . . . . . . . . . . . . . . . . . . . . . 4 1.2 SCIC – Knowledge. Service. People. . . . . . . . . . . . . . 4 1.3AgConnect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2.0 Glossary of Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3.0 How AgriStability Works . . . . . . . . . . . . . . . . . . . . . . . . 11 3.1 3.2 3.3 3.4 3.5 AgriStability Program Fee and Administrative Cost Share (ACS) Fee . . . . . . . . . . . . . . . . . . . . . . . 12 Your Enrolment/Fee Notice . . . . . . . . . . . . . . . . . . . 13 Your Reference Margin . . . . . . . . . . . . . . . . . . . . . . 13 3.3.1 Reference Margin Example . . . . . . . . . . . . . . 13 How Benefits are Calculated . . . . . . . . . . . . . . . . . . 14 Sample Benefit Calculation . . . . . . . . . . . . . . . . . . . 14 4.0 Participant Requirements . . . . . . . . . . . . . . . . . . . . . . . 15 4.1 How to Apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4.2 Eligible Participants . . . . . . . . . . . . . . . . . . . . . . . . 16 4.2.1Landlords . . . . . . . . . . . . . . . . . . . . . . . . . . 17 4.2.2 Beginning Farmers . . . . . . . . . . . . . . . . . . . . 17 4.2.3 Multiple Operations . . . . . . . . . . . . . . . . . . . 17 4.2.4Multi-Jurisdiction . . . . . . . . . . . . . . . . . . . . . 17 4.2.5 Government Funded Institutions . . . . . . . . . . 18 4.3 Filing the Appropriate Form . . . . . . . . . . . . . . . . . . . 18 4.3.1 Program Forms . . . . . . . . . . . . . . . . . . . . . . 18 4.3.2 Assigning a Contact Person . . . . . . . . . . . . . 19 4.3.3 Participant Initial Declaration . . . . . . . . . . . . 19 4.4 Forms Available From SCIC . . . . . . . . . . . . . . . . . . . 20 4.5AgConnect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 4.6AgriInvest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 5.0 Deadlines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 6.0 Margins . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 6.1 2 How Your Program Year Margin is Calculated . . . . . . 26 6.1.1 Example of Program Year Margin Calculation . 26 6.1.2 P1/P2 Hybrid Inventory Valuation . . . . . . . . . 26 6.1.3 Method of Accounting . . . . . . . . . . . . . . . . . 26 6.1.4 Valuing Your Inventory . . . . . . . . . . . . . . . . . 27 6.1.5 Canadian Wheat Board (CWB) Adjustment . . . 27 6.2 Allowable and Non-Allowable Items . . . . . . . . . . . . . . . . 6.2.1 Contract Work . . . . . . . . . . . . . . . . . . . . . . . . . . 6.2.2 Labour Expenses . . . . . . . . . . . . . . . . . . . . . . . . 6.2.3 Commodity Futures . . . . . . . . . . . . . . . . . . . . . . 6.2.4 Peat Moss . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.2.5 Trees and Other Non-Edible Horticulture . . . . . . . 6.2.6 Horses and Other Livestock . . . . . . . . . . . . . . . . 6.2.7 Processing and Resales . . . . . . . . . . . . . . . . . . . 6.2.8 Supply-Managed Commodities . . . . . . . . . . . . . . 6.2.9 Farming Activities Outside Canada . . . . . . . . . . . 6.3 Fiscal Periods Greater or Less Than 12 Months . . . . . . . 6.3.1 Section 85 Rollovers . . . . . . . . . . . . . . . . . . . . . 6.3.2 Shell Corporations . . . . . . . . . . . . . . . . . . . . . . . 6.4 Crop Insurance Premium Adjustment . . . . . . . . . . . . . . . 6.5 Negative Margins . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.5.1 Negative Reference Margins . . . . . . . . . . . . . . . . 6.6 Structural Change of Farming Operations . . . . . . . . . . . . 6.6.1 Combining Operations / Whole Farm Approach . . 6.6.2 Margin Calculations for Combined Operations . . . 6.6.3 Benefits for Combined Operations . . . . . . . . . . . . 6.6.4 Joining, Leaving, or Splitting an Existing Operation . . 6.6.4.1 Joining or Leaving an Existing Operation . . . . . . . . . . . . . . . . 6.6.4.2 Splitting an Existing Operation . . . . . . . 28 29 31 31 31 31 32 32 32 33 33 33 34 34 34 35 35 36 37 38 38 38 38 7.0 Important Information for Producers . . . . . . . . . . . . . . . . . 39 7.1 Limits on Government Benefits . . . . . . . . . . . . . . . . . . . 7.2 Interim Advance Payments . . . . . . . . . . . . . . . . . . . . . . 7.3 Targeted Advance Payments . . . . . . . . . . . . . . . . . . . . . 7.4 Treatment of AgriStability Benefits . . . . . . . . . . . . . . . . . 7.5 Audits, Verification, and Accuracy of Information . . . . . . . 7.6Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.6.1 Amendments Initiated by Producers . . . . . . . . . . 7.6.2 Amendments Initiated by SCIC . . . . . . . . . . . . . . 7.7 Overpayments and Debts Due . . . . . . . . . . . . . . . . . . . . 7.8Bankruptcy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.9Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 40 40 41 41 42 42 43 43 43 44 8.0 Ending Participation in the AgriStability Program . . . . . . . . 45 9.0 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 10.0 Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 1.0 SCIC & AgriStability 3 1.0 SCIC & AgriStability NOTE: This handbook contains general information only and is not intended to be a substitute for legislation. Where a discrepancy exists between the information in this handbook and the program authorities (the Growing Forward agreement and related program guidelines), the program authorities will take precedence in all cases. defined by the program, would be eligible to participate in the AgriStability program. To trigger a benefit, a participant’s margin in the program year would fall more than 15 per cent below their average historical reference margin. For complete participant requirements, please refer to Section 4.0 in this handbook. 1.1 Program Information This handbook outlines the program rules and features for the provincial delivery of AgriStability. AgriStability is a business risk management program, designed to provide financial support when producers incur large financial losses. AgriStability allows producers to protect their farm operations from a large margin decline, while stabilizing their farming income. Benefits are based on a 15 per cent or greater decline of the farm’s current production year margin compared to a historical average. AgriStability is a key component of the Growing Forward agreement, a federal, provincial and territorial initiative with a market-driven vision for Canada’s agriculture industry. Other business risk management components include the AgriInsurance (Crop Insurance), AgriInvest and AgriRecovery programs. The business risk management (BRM) programs are designed to improve client services and efficiencies, while aligning with the BRM programs that are delivered provincially. Generally, producers that generate income and expenses from the primary production of agricultural commodities, as 4 Requirements published in this handbook are accurate at the time of printing, but may be subject to change without notice. For updates and current deadlines, please visit the AgriStability website at www.saskcropinsurance.com or call the toll-free line at 1-866-270-8450. 1.2 SCIC – Knowledge. Service. People. SCIC has a focus. Delivering quality service to the farmers and ranchers of Saskatchewan is important. SCIC is responsible for administering three programs: AgriStability, Crop Insurance and the Wildlife Damage Compensation program. Through one agency in 22 communities across the province, producers have access to extensive farm business risk management programing. The staff are knowledgeable of the local farming and ranching industry. Combining that with their extensive understanding of SCIC programming, producers have access to a resource for effectively using these important programs. In 2010 SCIC began administering the AgriStability program on behalf of Saskatchewan producers. As part of the commitment to providing high quality customer service, support for the AgriStability program can be accessed at any of the 21 customer service offices across Saskatchewan. Program experts called ‘AgriStability Advisors’ are also in place across the province to provide guidance and support for working with the program. The AgriStability program complements other programs, such as Crop Insurance; however, producers involved in both will have different contract and SCIC ID numbers for each program. SCIC’s suite of farm business risk management programs can provide extensive support for both income and production losses. SCIC continues to work at ensuring these programs work together so they are reliable and responsive to the province’s producers. 1.3 AgConnect As part of SCIC’s commitment to providing timely, reliable and local service for Saskatchewan producers, a new online tool has been developed. AgConnect is an online tool where program participants and their contacts can instantly review and submit their AgriStability information. It can help reduce the paperwork and is a new approach for working with the AgriStability program. Participants and their contacts can access their historical program information on AgConnect. They can review previous program documents such as their Enrolment Fee/ Notice or Calculation of Benefits statement. They also have the ability to see what program documentation has been submitted, verify if any information is missing and see if their program fees have been paid. This can be extremely useful as it can help determine if there is any missing information which could delay processing their AgriStability application. Submitting AgriStability information electronically to SCIC is now an option. It is no longer necessary to submit all your AgriStability information using the traditional methods of faxing or mailing. AgConnect gives individuals (sole proprietors), corporations, co-operatives and other entities the flexibility of completing and submitting both their tax (income and expense) and supplementary information to SCIC using eForms. Please note, individuals still need to submit their tax information to the Canada Revenue Agency using the T1163 form. This will ensure the individual meets the requirements for both AgriStability and AgriInvest. Corporations, co-operatives and other entities can fulfill their form submission requirements for both AgriStability and AgriInvest using AgConnect. Learn more about this online tool by going to www.saskcropinsurance.com or by calling the AgriStability Call Centre at 1-866-270-8450. 5 Important Contact Information: AgriStability Call Centre (Mon-Fri 8:00 am to 5:00 pm): 1-866-270-8450 Fax toll-free: 1-888-728-0440 Mailing Address: Saskatchewan Crop Insurance Corporation Head Office 484 Prince William Drive PO Box 3000 Melville SK, S0A 2P0 Website: www.saskcropinsurance.com E-mail: agristability@scic.gov.sk.ca Office Hours: 8:00 am to 5:00 pm Closed weekends and statutory holidays. Canada Revenue Agency Tax Centre 66 Stapon Road Winnipeg, MB R3C 3M2 Phone: 1-800-959-2221 6 Agriculture and Agri-Food Canada AgriInvest Administration PO Box 3200 Station Main Winnipeg, MB R3C 5R7 Fax: 1-877-949-4885 •The fax line is available 24 hours a day, 7 days a week. (Toll-Free) •The fax line 1-204-983-3947 is also in place Toll-free number: 1-866-367-8506 If calling from outside of Canada: (204) 926-9650 Hours of Operation: 8:00 am to 5:00 pm CST Monday to Friday 2.0 Glossary of Terms 7 2.0 Glossary of Terms Accounts Payable: An expense owed for goods and services received but not yet paid for in a fiscal year. Accounts Receivable: Income owed to you for goods delivered or services provided in a fiscal year. Accrual Adjustments: Adjustments made to account for changes in value, from the beginning of a fiscal year to the end of a fiscal year, of inventories, purchased inputs, accounts payable, accounts receivable and deferred income. Administrative Cost Share (ACS): This annual charge to program participants covers a portion of the program delivery costs. Business Risk Management (BRM) programs: AgriStability, AgriInsurance (Crop Insurance), AgriInvest, and AgriRecovery programs created under the Growing Forward agreement. The programs are designed to offer producers various avenues of support in farm management. Calculation of Benefits (COB): A statement issued by SCIC detailing the calculation of a participant’s AgriStability benefits for the program year. CRA: Canada Revenue Agency Contribution Reference Margin (CRM): An estimate used to calculate the participant’s fee for a program year. Agreement: The Federal/Provincial/Territorial Growing Forward agreement with respect to AgriStability. Deferrals: Income you have chosen to postpone receipt of to the following tax year. Arm’s Length Transactions: Transactions between parties that are not defined as related persons. Disaster Circumstances: Circumstances or events beyond a participant’s control, including weather-related natural disasters, fire, and pestilence or disease, but excluding personal circumstances. Benchmark Per Unit Margin (BPU): An expected production margin from a single unit of production, of a given commodity or commodity group for a given year, based on industry averages and standards. Beginning Farmer: A participant who has been farming for fewer than three years prior to the program year (or new producer). 8 Enrolment/Fee Notice: An annual notice sent by SCIC outlining the participant’s Contribution Reference Margin (CRM) and participant’s fee. You must receive an Enrolment/ Fee Notice to participate in the program. Entity: A participant, other than an individual, recognized by law as having rights and duties, such as a corporation, cooperative, communal organization, or limited partnership. Fee: The annual amount participants must pay to secure coverage under the program. The fee is equal to $4.50 for every $1,000.00 of the Contribution Reference Margin (CRM) covered, multiplied by 85 per cent. Interim Benefit: An advance benefit issued to a participant based on an estimate of a participant’s current program year margin, relative to the participant’s estimated reference margin. Inventories: The measurement of the change in the amount of crop or livestock from one fiscal year to the next. Joint Venture: A business arrangement between two parties in which each party reports their share of allowable income and allowable expenses. Negative Margin: A margin that is less than zero can occur in the program or reference year due to allowable expenses exceeding allowable income for the year and/or due to accrual adjustments and/or structural changes. Non-Arm’s Length Transactions: Transactions between parties that are defined as related persons. New Participant: Any producer who was not enrolled in the AgriStability program in the previous year. Olympic Average: The practice of dropping the highest and lowest historical margins in the previous five years and then averaging the remaining three historical margins. P1/P2 Hybrid Inventory Valuation: Crop and livestock inventories for market commodities are valued using both an opening price (P1) and a year-end price (P2). Breeding animals and culled breeding animals, which are not considered market commodities, are valued using a yearend (P2) price only. Participant Initial Declaration: Outlines the roles and responsibilities of participation in the AgriStability program. It only needs to be submitted once and must be signed by the participant to be eligible for AgriStability benefits. Perishable Crops: Edible crops that spoil or decay easily and cannot normally be held in fresh storage for periods longer than 10 months. Production Cycle: Includes one or more of the following activities: • the growing and harvesting of a crop; • the process of rearing livestock; and • the purchase and/or sale of livestock in the case of feeding enterprises where an appreciable contribution to the growth and maturity of the livestock was made. Production Margin: The difference between allowable income and allowable expenses for the year, adjusted for structural change, inventory valuation, receivables, payables, and purchased inputs. Program: AgriStability as defined in the Growing Forward agreement. 9 Program Year: The taxation year for which program forms are being submitted. Program Margin: The difference between allowable income and allowable expenses for the year, adjusted for structural change, inventory valuation, receivables, payables, and purchased inputs. Province of the Main Farmstead: Province where all or the majority of the gross farming income was earned over the reference period. Income is subject to any adjustments. Purchased Inputs: The amount of inputs on hand at the end of a fiscal year i.e. fertilizer. Related Persons: As defined under the Income Tax Act, the following are considered to be related persons: • individuals connected by blood relationship, marriage or common-law partnership, or adoption; • a corporation and – an individual, group of persons, or entity of a related group that controls the corporation; – any individuals related to a person described above; and • two or more corporations if – they are controlled by the same individual, group of persons, or entity; or if – an individual or any member of a group of persons or entity that controls one corporation is related to the individual or any member of a group of persons or entity that controls the other corporation. 10 Reference Margin: A historical financial profile used in the calculation of AgriStability benefits, developed from the participant’s Olympic average or other financial information required to meet program guidelines. SCIC: Saskatchewan Crop Insurance Corporation Structural Change: A change in ownership, business structure, size of operation, farming practices, type of farming activity, method of accounting, or any other practice that may alter margins and a farming operation’s potential for profit. Adjustments may be made to account for these changes. Supplementary Form/Information: A participant’s inventory, purchased inputs, deferrals, receivables and payables used in the calculation of AgriStability benefits. Stub Period: A fiscal period of less than 12 months. Tier 1: Represents the range greater than 85 per cent up to 100 per cent of a participant’s reference margin. Participants with a program margin in this tier would not receive support through AgriStability. Tier 2 (Stabilization Tier): Represents the range from 70 per cent up to 85 per cent of the participant’s reference margin. Tier 3 (Disaster Tier): Represents the range greater than zero per cent and less than 70 per cent of a participant’s reference margin. Whole Farm: Farming income derived from all production sources, regardless of the physical location and structure of the farming operation(s). 3.0 How AgriStability Works 11 3.0 How AgriStability Works 3.1 AgriStability Program Fee and Administrative Cost Share (ACS) Fee All participants in the AgriStability program are required to pay an annual Administrative Cost Share (ACS) fee of $55. This fee is to offset administrative costs. In addition to the ACS, participants are required to pay an annual program fee. The program fee is $4.50 for every $1,000 of covered Contribution Reference Margin (CRM) multiplied by 85 per cent. Your CRM is calculated based on available margin information from prior years. This margin includes adjustments for structural change and all sources of allowable farm income, which is why your CRM will differ from your reference margin. The Contribution Reference Margin is used to calculate the Enrolment/Fee Notice for participants. Enrolment/ Fee Notices are normally issued before the prior year’s tax information is available. SCIC calculates the CRM using the most recent five years of production history that is available. The most recent year will be two years before the program year and then the Olympic average will be established by dropping the highest and lowest year, and averaging the remaining three years. For example, to calculate a participant’s CRM for the 2010 program year, SCIC will use a participant’s information from the 2004 – 2008 program years. These years are utilized at the time the Enrolment/Fee Notices are issued (in the first three months of the program year), because the majority of producers have not filed the previous year’s income and expense statements to CRA. 12 Contribution Reference Margin Calculator Program Year Reference Margins Used 2010 2011 2012 2013 2014 2004 – 2008 2005 – 2009 2006 – 2010 2007 – 2011 2008 – 2012 For participants with less than six years of production history, the CRM is calculated using three years of production information. For example, for the 2010 program year, information from 2006 – 2008 is used to calculate the CRM. If the participant is missing one or more years, SCIC will establish a margin for the missing year(s) based on the operation’s current productive capacity. The minimum program fee is $45.00. Fee Calculation Example: If you had a $100,000 CRM, your fee would be $382.50. ($100,000 / 1,000 = 100 x $4.50 = $450.00 x 85% = $382.50) Additionally you are required to pay the ACS fee of $55 for a total of $437.50. 3.2 Your Enrolment/Fee Notice 3.3 Your Reference Margin To participate in the AgriStability program, you must be issued an Enrolment/Fee Notice for each program year you participate. The Enrolment/Fee Notice provides you with the information needed to pay the related program fee. It also will indicate any applicable deadlines. New participants are required to complete the new participant package to obtain an Enrolment/Fee Notice. New participant packages must be requested by April 30 of the program year in which you wish to participate. Your reference margin is based on an average of your previous five years, with the highest and lowest margin years dropped. This is referred to as an Olympic average. If you did not farm and did not report farm income (or loss) to the CRA in each of the previous five years, your reference margin will be based on your previous three years. If you did not farm and did not report farm income (or loss) to the CRA in one or more of the three years prior to the program year, SCIC will establish margins for the missing years. The Enrolment/Fee Notice will also provide you with the opportunity to cancel participation in the AgriStability program. Participants wishing to cancel participation must notify SCIC prior to the deadline on their Enrolment/Fee Notice. Failure to do so would result in participants being automatically enrolled and required to pay the program fee and any related penalties for that year. If program fees are not paid by the final fee deadline you will not be eligible for benefits for that program year. Your reference margin may be adjusted to reflect any structural change that has occurred on your farm (see Section 6.6 for more information on structural change). This calculation would be used to compare your adjusted reference margin to your program year margin to determine the extent of your margin increase or decrease. Program fees can be paid through a variety of options: • Internet and telephone banking; - Choose Saskatchewan Crop Insurance Corporation and enter your SCIC ID number • by cheque through either mail or your local SCIC customer service office; and/or • at your local financial institution. 3.3.1 Reference Margin Example Reference Allowable Year Income Allowable Expenses Accrual Adjustments Margin 1 $100,000 $70,000 $50,000 $80,000 *2 (lowest) $135,000 $80,000 ($25,000) $30,000 3 $130,000 $ 60,000 $30,000 $100,000 4 $145,000 $ 70,000 $45,000 $120,000 *5 (highest) $225,000 $125,000 $25,000 $125,000 Total =$ 300,000 *The highest and lowest margins are dropped leaving Divided the remaining three years to be averaged by 3 Reference Margin =$ 100,000 13 3.4 How Benefits are Calculated The AgriStability program is designed to offer support to producers that incur a margin decline of more than 15 per cent. In the AgriStability program, benefits are calculated based on a program year margin, which is allowable income minus allowable expenses, as determined from your tax information. The program year margin is adjusted for changes in inventory valuation, receivables, payables, and purchased inputs. Additional adjustments may be made to account for structural changes to the farm operation. Tier 1 represents a decline of 15 per cent or less, and is not covered under the AgriStability program; however, this can be addressed through AgriInvest. Tier 2 represents the next 15 per cent decline in which the government covers 70 per cent of the loss. Tier 3 represents losses greater than 30 per cent, up to the full amount of the reference margin. The losses incurred in this tier are covered at 80 per cent. 3.5 Sample Benefit Calculation Summary Reference Margin Program Year Margin Margin Decline Reference Margin Coverage Level $100,000 $ 35,000 $ 65,000 Margin Decline Government Support Level $15,000 0% Tier 1 (No coverage) Tier 2 (Stabilization) 70%-85% $15,000 70% Tier 3 (Disaster) 0%-70% $35,000 80% Negative (<0%) $ 0 60% Total Benefit Benefit Level $ 0 $ 10,500 $ 28,000 $ 0 $38,500 The table below illustrates producer/government contributions in each tier of the program. 100% Tier 1 (No Coverage) $15,000 Tier 1 85% If eligibility requirements are met, governments will contribute 60 per cent of the portion of a loss which exceeds the reference margin, which is Tier 4, negative margin losses. Benefit (70% in Tier 2) Tier 2 Tier 3 (Disaster) $35,000 x 80% = $28,000 Reference Margin $100,000 Tier 3 Benefit (80% in Tier 3) 0% Negative Margin Loss Benefit (60% of negative) Program Year Margin (negative) 14 Tier 2 (Stabilization) $15,000 x 70% = $10,500 70% Margin Decline $65,000 Total benefit provided = $38,500 4.0 Participant Requirements 15 4.0 Participant Requirements 4.1 How to Apply Step 1: You must be issued an Enrolment/Fee Notice, which identifies your program fee, in order to participate in AgriStability. Contact SCIC before the Enrolment/Fee deadline if you have not received your Enrolment/Fee Notice. New participants must request a new participant package by the Enrolment/Fee deadline for the program year they wish to participate in. Forms must be completed and submitted to SCIC by the stated deadline. The information submitted is used to generate participant fees and information for the Enrolment/Fee Notice. For deadline information please see section 5.0 in this handbook. Step 2: Submit your program fee and Administrative Cost Share (ACS) payment to SCIC by the deadline on your Enrolment/Fee Notice. If the program fee is not paid by the final fee deadline the participant will not be eligible to receive AgriStability benefits for that program year. For more information on program fees, see Section 3.1. Step 3: Submit your AgriStability program forms by the application deadline. It is important for participants to identify which form is required to be submitted. Please see Section 4.3 for more information on filing the appropriate form. Step 4: Once your application has been received and processed, you will receive a Calculation of Benefits (COB) outlining the calculation of margins and your AgriStability 16 benefit (if applicable). You have 18 months from the date of your original COB to request any amendments to the information provided. If your request for amendments is denied, you have 90 days from the date of notification to appeal this decision. For more information on amendments and appeals, refer to Section 7.6 and 9.0 in this handbook. 4.2 Eligible Participants To be eligible to participate in the AgriStability program, you must derive income from the primary production of agricultural commodities*, provided in the program year you have: • carried on the business of farming in Canada and reported farming income (or loss) for income tax purposes; • completed a minimum six consecutive months of farming activity; • completed a production cycle; and • submitted the required information by the deadlines. *As defined by the AgriStability program. A production cycle includes one or more of the following activities: • the growing and harvesting of a crop; • the process of rearing livestock; and/or • the purchase and sale of livestock within a program year in the case of feeding and finishing enterprises. NOTE: You must have filed farming income for tax purposes for the program year, and for all reference years in which you farmed, in order to be eligible for AgriStability. Status Indians who carry on the business of farming on a reserve in Canada, who are exempt from filing income tax returns, are eligible to participate provided they submit the information they would otherwise have reported for tax purposes. If you were unable to complete the minimum requirement of six consecutive months of farming activity and production cycle due to reasons beyond your control (such as disaster circumstances like flooding or drought), the conditions may be waived. 4.2.1 Landlords Income earned as a landlord (whether cash, rent, or payments-in-kind for crop/livestock shares or lease arrangements) must be reported as rental income—not farming income—for tax purposes, and is therefore non-allowable for AgriStability. However, if your arrangement is a joint venture in which your share of allowable income is approximately the same as your share of allowable expenses, those income and expense amounts may be allowable for AgriStability, and in this circumstance, should be reported as farming income. Copies of written joint venture or crop/ livestock share agreements, documenting the shared income and expense items, may be requested by SCIC. 4.2.2 Beginning Farmers For AgriStability purposes, beginning farmers are those who have farmed for less than three years. If you are a beginning farmer, you are eligible to participate as long as you have had six consecutive months of farming activity and have completed a production cycle in the program year. These requirements may be waived by SCIC if you were unable to complete them in the program year due to reasons beyond your control, such as disaster circumstances like flooding or drought. If a participant did not have farming activity and did not report any farming income (or loss) in each of the three years prior to the current program year, SCIC will create margins for these missing years based on the farm’s productive capacity in the current program year. Margins will not be created for any reference year in which the participant reported or should have reported farming income (or loss) for income tax purposes, based on the requirement of the Income Tax Act. However, if a reference year was the producer’s first year of farming and the producer did not complete a production cycle and/or 12 months of farming activity, SCIC may create a margin for the year even where farming income (or loss) was reported for income tax purposes. 4.2.3 Multiple Operations Each individual or entity that reports farming income (or loss) for income tax purposes is required to participate in the program separately. If you are involved in multiple farming operations, you must submit program forms for each operation and assign a different operation number for each one (1, 2, 3, etc.). This number is used on your AgriStability applications to identify your operations. It is important that each operation uses the same operation number from year to year. 4.2.4 Multi-Jurisdiction If you live and farm in different provinces, or if you earn farming income in more than one province, you must participate in the province where all or the majority of your gross farming income was earned, 17 subject to adjustments. You may not participate in more than one province. If you change the province in which you farm, SCIC will work with the previous administration to acquire the necessary information to process your application. 4.2.5 Government Funded Institutions Research stations, universities, colleges, municipalities, and other government funded institutions are not eligible to participate in the AgriStability program. Eligibility will be determined on a case-by-case basis. 4.3 Filing the Appropriate Form 4.3.1 Program Forms Participants are required to submit the AgriStability program form by the application deadline that corresponds with the taxable entity for which you have filed a tax return. The AgriStability program forms allow SCIC to calculate applicable benefits for the program year. Please refer to the categories below to ensure you complete the appropriate form. NOTE: The Harmonized AgriStability and AgriInvest Program Information and Statement of Farming Activities for Individuals form or T1163 form provided by the CRA is referred to as the AgriStability Harmonized Form for Individuals in this handbook. The Corporations/Co-operatives/Other Entities form and Supplemental Accrual Information form is provided by SCIC. Sole Proprietorships (including individuals in a partnership) must complete and submit the 18 AgriStability Harmonized Form for Individuals (T1163) and provide their Social Insurance Number (SIN) to the CRA. When completing the AgriStability Harmonized Form for Individuals (T1163), only the tax (income and expense) information needs to be completed and sent to the CRA. All the supplemental information including inventories, purchased inputs, deferrals, payables and receivables are to be entered on the Supplemental Accrual Information form and submitted to SCIC. The form can be found at www.saskcropinsurance.com. Individuals in a partnership must each submit separate program applications reporting 100 per cent of the partnership’s income and expenses, accounts payable and receivable, purchased inputs, and inventory and must identify their percentage share of the partnership. SCIC will calculate each partner’s share of government benefits based on each person’s percentage share of the operation. Estates must complete and submit the AgriStability Harmonized Form for Individuals and provide their SIN. If the estate is also filing a return for Rights and Things, the Corporations/Co-operatives/Other Entities form provided by SCIC must also be submitted. SCIC will combine the information provided on both forms. In order to close estate accounts SCIC may require the executor/executrix submit the following documentation: • a written request to close the account signed by the executor/executrix or administrator; • a certified copy of the probated will or letters of administration/probate; and/or • a certified copy of the death certificate. Trusts must complete and submit the Corporations/ Co-operatives/Other Entities form and supply their trust number. Corporations and Co-operatives must complete and submit the Corporations/Co-operatives/Other Entities form and supply their business number. As a new requirement, SCIC will request a copy of the corporation’s T2 SCH1 that is filed with its income tax return. This information is required for SCIC to verify that a participant has filed their tax return and meets the eligibility requirements. Previously, this information was collected by the CRA. Forms for Corporations/Co-operatives/Other Entities must be submitted directly to SCIC. Communal Organizations must complete and submit the Corporations/Co-operatives/Other Entities form and supply their trust number. Status Indians and Band Farms who carry on the business of farming on a reserve in Saskatchewan and are exempt from filing income tax returns, are eligible to participate provided they submit the information they would have otherwise reported for tax purposes. Status Indians and Band Farms must complete and submit their Corporations/Co-operatives/ Other Entities form to SCIC. Status Indian participants are deemed to have a December 31 fiscal year-end. Limited Liability Partnerships are eligible to participate as an entity, and must supply their business number using the Corporations/Co-operatives/Other Entities form. Alternatively, the partners in a limited liability partnership may apply as individuals and must supply their SIN, using the AgriStability Harmonized Form for Individuals. Partners in a limited liability partnership cannot apply as both an entity and as individuals. 4.3.2 Assigning a Contact Person In naming a contact person, you authorize that person to receive, provide or make changes to information on your behalf concerning the AgriStability program. When SCIC requires additional information, they will contact the parties listed as your contact person(s) prior to the participant. SCIC will communicate with your contact person as the first point of contact. Written correspondence may be sent to both you and your contact person. A contact person will not be able to cancel participation in the AgriStability program. Your contact person will stay the same unless you request a change, which can be done by completing the Change Contact Person form. 4.3.3 Participant Initial Declaration The AgriStability Participant Initial Declaration explains the rights and responsibilities of producers participating in AgriStability. It is important to understand that all personal and financial information for the AgriStability program will be protected under security and privacy legislation. The Participant Initial Declaration only needs to be submitted once. It must be signed and returned to SCIC by all producers participating in AgriStability and/or their official signing officer. Individuals (sole proprietors) that have changed their farming business structure to a corporation will need to complete a new Participant Initial Declaration for that corporation. Failure to remit your signed declaration 19 may result in a delay in processing or loss of benefits. AgriStability eligibility is not guaranteed by submitting a signed declaration. Producers must fulfill all participant requirements. 4.4 Forms Available From SCIC All SCIC forms are available on demand: • SCIC website: www.saskcropinsurance.com • By calling SCIC AgriStability call centre toll-free 1-866-270-8450 • For pickup at any SCIC customer service office across the province • Individuals will continue to receive and complete the Farming Income and the AgriStability and AgriInvest Programs Harmonized Form (T1163) available from the CRA. Individuals only need to complete the tax (income and expense) information on this form and submit it to the CRA. An individual’s supplementary information, including inventories, purchased inputs, deferrals, payables and receivables are to be entered on the Supplemental Accrual Information form and submitted to SCIC. • Corporations, co-operatives and other entities are to complete the Corporations/Co-operatives/Other Entities form and submit it to SCIC. 4.5 AgConnect Participants and their contacts can also use AgConnect, SCIC’s online tool for completing and submitting their AgriStability forms. AgConnect eForms enables individuals 20 (sole proprietors), corporations, co-operatives and other entities to complete and submit tax (income and expense) and supplementary information for the AgriStability program. Corporations, co-operatives and other entities using AgConnect eForms are meeting the submission requirements for both AgriStability and AgriInvest. Individuals who use AgConnect to submit their program information for AgriStability are still required to send their income and expense information to the CRA using the AgriStability Harmonized Form for Individuals (T1163). This will ensure the participant meets the requirements for both the AgriStability and AgriInvest programs. 4.6 AgriInvest AAFC is responsible for the delivery of the AgriInvest program; however, in some circumstances SCIC collects the information used for the AgriInvest program and forwards it to AAFC. Where indicated, SCIC will forward information for the AgriInvest program on behalf of corporations, co-operatives, and other entities to AAFC. AgriInvest is a savings account for producers, supported by governments, which provides coverage for small income declines and allows for investments that help mitigate risks or improve market income. For more information on the AgriInvest program, please visit the AgriInvest website at www.agr.ca/agriinvest or call the federal toll-free line at 1-866-367-8506. Form Description Additional Information Producers can provide additional information to support the data on their program forms or justify an amendment request. Amendment RequestParticipants can request an amendment to the information used to calculate benefits. For more information see section 7.6. Appeal SubmissionParticipants who feel the guidelines were not accurately applied to their application can submit a request for appeal. For more information see Section 9.0. Cancel ParticipationParticipants wishing to cancel participation in AgriStability must complete and return this form by the applicable deadline. For more information see Section 8.0. Change Business TypeFarming operations that have gone through a change in their business structure need to report that change as part of filing for AgriStability. For example, if a farming operation has transitioned from a sole proprietor to a partnership or corporation, simply complete the Change Business Type form. This form outlines the change and ensures your historical farm information is transferred to the new business structure. Change Contact PersonParticipants must notify SCIC if they would like to edit/add/delete a contact person. To do so, participants must complete and return this form to SCIC. For more information on assigning a contact person see Section 4.3.2. Change Participant InformationParticipants who need to change their personal information, such as name or address, can complete and return this form to SCIC. Corporations/Co-operatives/ This form is used by corporations/co-operatives/other entities to submit financial and Other Entities supplemental information to SCIC. To ensure that you are filing the appropriate form, please refer to Section 4.3.1. CWB-RA WorksheetThe CWB-RA worksheet is an optional AgriStability program feature that you may use instead of the default calculation. The worksheet allows you to calculate the CWB-RA using actual sales and the pricing option used when you sold your CWB commodities into the active pool. For more information see Section 6.1.5. Interim Application Participants who would like to apply for an interim benefit are required to complete and return this form to SCIC. For more information see Section 7.2. New Participant PackageThe New Participant Package includes forms the new participant needs to complete and submit in order to participate in AgriStability. The information collected on these forms will be used to produce an Enrolment/Fee Notice. Forms must be completed and submitted to SCIC by the stated deadline. Participant Initial DeclarationParticipants are required to submit a signed declaration. The declaration outlines the roles and responsibilities of a participant in the AgriStability program. The participant initial declaration will only need to be signed and submitted once to SCIC. For more information see Section 4.3.3. Supplemental Accrual Information This form is for submission of inventory, purchased input, deferral, receivable and payable information which is used to calculate AgriStability benefits. This form must be submitted to SCIC. 21 22 5.0 Deadlines 23 5.0 Deadlines March 31 Deadline to submit your interim application. April 30Deadline for new participants to request a New Participant Package. Deadline to cancel participation in the program year (or 30 days from the date on your Enrolment/Fee Notice, whichever is later). Deadline to pay your program fee without penalty,* (or 30 days from the date on your Enrolment/Fee Notice, whichever is later). *Fees paid after April 30 (or 30 days from the date on your Enrolment/Fee Notice, whichever is later) will have a 20 per cent penalty added. You must pay your fee by December 31 or you will be ineligible to participate in AgriStability for that program year. Amendments – If you wish to change the information which was either originally submitted on your AgriStability forms or used in calculating your program benefits, you can request an adjustment within 18 months from the date of your original Calculation of Program Benefits notice. 24 September 30Deadline to submit your AgriStability program forms without penalty. December 31Deadline to submit your AgriStability program forms with penalty.* Deadline to pay your program fee with penalty. If you do not pay your fee by December 31 you will be ineligible to receive benefits for that program year. *If you miss the September 30 deadline to submit your AgriStability program forms, you have until December 31 to submit your form with penalty. A penalty of $500/month will be deducted from your benefit. If no benefit is calculated there will be no penalty applied. Appeals – An appeal may only be requested within 90 days from the date you are notified that your adjustment request is denied. For issues unrelated to adjustments, you will have 90 days from the date you are notified by SCIC of the decision which is subject to appeal. 6.0 Margins 25 6.0 Margins 6.1 How Your Program Year Margin is Calculated 6.1.2 P1/P2 Hybrid Inventory Valuation Your program year is the year in which your fiscal year ends. Your program year margin is calculated by subtracting your total allowable expenses from your total allowable income as reported to the Canada Revenue Agency (CRA) for the program year. If you reported to the CRA on the cash basis, your program year margin is adjusted for changes in purchased inputs, crop and livestock inventories, and your accounts payable and receivable. These adjustments ensure that SCIC has the most complete picture of your farm’s situation during the program year. 6.1.1 Example of Program Year Margin Calculation 26 Crop and livestock inventories for market commodities are valued using both an opening price (P1) and a year-end price (P2), referred to as the P1/P2 Hybrid Inventory Valuation method. With this method, changes in the value of your crop and/or livestock inventories will reflect changes over the course of the fiscal period, and variations in the price of each commodity between the beginning and end of your fiscal period. Breeding animals and culled breeding animals, which are not considered market commodities, are valued using a year-end (P2) price only. The P1/P2 Hybrid Inventory Valuation method is not used to value perishable commodities. Adjustments will be made to perishable commodities (e.g., potatoes, apples, carrots) on an accounts receivable basis rather than an inventory valuation basis, because perishable commodities can spoil or decay easily, and cannot normally be stored for more than 10 months. Allowable Income Allowable Expenses Margin $130,000 $90,000 $40,000 +Net increase (decrease) in livestock inventory ($ 3,500) +Net increase (decrease) in crop inventory ($ 1,000) +Net increase (decrease) in purchased inputs $ 1,000 If you reported to the CRA on the accrual basis, any livestock inventory values you reported will be adjusted to ensure the value of breeding animals and culling breeding animals reflects a P2 price only. +Net increase (decrease) in accounts receivable ($ 6,000) 6.1.3 Method of Accounting +Net decrease (increase) in accounts payable $ 4,500 $35,000 Participants must report to SCIC using the same method of accounting (cash or accrual) used to report for income tax purposes. = Program Year Margin 6.1.4 Valuing Your Inventory To value your inventory for the program year, SCIC will use year-end prices for those published commodities that have significant market data available in Saskatchewan, as outlined in the AgriStability price list (available upon request or online). If you do not feel that the year-end prices in the AgriStability price list are appropriate for your farm, you may use year-end prices other than those in the AgriStability price list only if you can demonstrate that: • your commodity is substantially different than the commodity listed on the published price list; or • your method of marketing the commodity was substantially different from the general marketing practice reflected in the published price list. In either of these cases, you may use year-end prices based on sales or purchases of the specific commodity in your name and occurring within 30 days either before or after your fiscal year-end. For your own yearend prices to be accepted, you must send copies of receipts and/or supporting documents that substantiate these year-end prices to SCIC. SCIC reserves the right to determine whether submitted year-end prices are reasonable for your inventory. Fixed contract prices can be used instead of published prices. To use contract prices you must supply a copy of the contract and all sales tickets that pertain to the sale of the contracted commodity. Contract prices will only be applied to the quantity of the commodity sold under contract. If you choose this option you will be expected to submit contract prices and supporting documentation in subsequent years. To value unpublished commodities (e.g. thinly traded commodities) that do not appear on the AgriStability price list, you must provide year-end prices based on the estimated market prices at year-end. Prices supplied for unpublished commodities should be based on sales or purchases within 12 months either before or after your fiscal year-end. Although it is not mandatory to provide documentation supporting your prices for these commodities, doing so will assist SCIC to process your application. Supporting documentation includes: • receipts from sales or purchases of the commodity; or • commodity specific price information from appropriate commodity marketing agencies. Individuals should submit any supporting documents to SCIC at the same time they are submitting their forms to the Winnipeg Tax Centre or within your adjustment timeframe. Corporations/co-operatives/ other entities must send all forms to SCIC, including any supporting documents. 6.1.5 Canadian Wheat Board (CWB) Adjustment The AgriStability program values changes in crop and livestock inventories for market commodities using the opening price (P1) and the year-end price (P2). For crops marketed through the CWB, the opening price (P1) is based on the Early Payment Option of 100 per cent (EPO 100) in place at the start of your fiscal year. The year-end price (P2) is based on the EPO 100 in place at the end of your fiscal year. The EPO 100 represents the highest estimated value that most producers can receive at year-end. The EPO 100 price closely reflects the full value of CWB commodities at year-end. However, many producers sell their CWB commodities using the initial price, which is less than the EPO 100 at year-end. As a result, an additional receivables adjustment is required 27 to ensure that your CWB commodities held in inventory are valued at the same price. For producers who have not submitted a CWB Receivables Adjustment (CWB-RA) worksheet, SCIC will calculate the CWB-RA using an estimate of the CWB commodities you have sold into the active pool. This default calculation will be done automatically by SCIC based on the information you report on your AgriStability application. However, if you feel that the default calculation does not accurately reflect the value of your CWB sales, you may submit a CWB-RA worksheet. The CWB-RA worksheet is an optional AgriStability program feature that you may use instead of the default calculation. The worksheet allows you to calculate the CWB-RA using actual sales and the pricing option used when you sold your CWB commodities into the active pool. The CWB-RA worksheet is suggested for participants who: • sell their CWB commodities using the Early Payment Option; • sell their grain outside of the CWB pool by using Producer Payment Option (PPO) contracts such as Flex Pro, Daily, Basis or Fixed Price Contracts; • carry over inventory of CWB grain from one pool year to another pool year; • suffer a disaster to stored grain; or • determine that the default calculation does not accurately reflect the projected value for their operation. If you submit the CWB-RA worksheet, your AgriStability benefit will be calculated based on the information you provide. SCIC will not compare the two methods to determine which one is more beneficial. If you submit 28 this worksheet as an adjustment to your AgriStability benefit, any additional benefits resulting from the recalculation will be paid to you and any overpayments resulting from the recalculation will be repayable by you. If you choose to use the CWB-RA worksheet in place of the default calculation, you must continue to use it annually. SCIC will not process any future applications using the default calculation. You must submit a completed CWB-RA worksheet Schedule 2 in each subsequent year of participation. SCIC will not be able to calculate your AgriStability benefits without this information. For more information, refer to the CWB-RA Worksheet and guide which is available online or by contacting SCIC AgriStability Call Centre at 1-866-270-8450. NOTE: Proposed changes to the CWB and deregulation of marketing may affect how Fair Market Values (FMV) are calculated for 2012. 6.2 Allowable and Non-Allowable Items NOTE: Payments received from programs other than Crop Insurance are generally considered non-allowable income for program purposes. However, certain program payments may be considered allowable in the program year and nonallowable in the reference years if they compensate you for a loss that is covered by AgriStability. Additional Non-Allowable Items: • Income and expenses related to aquaculture • Sales and purchases related to a peat moss operation • Trees produced for use in reforestation • Income and expenses related to operation of a wild game farm • Resales and some processed commodities • Farming activities outside of Canada Allowable Income Allowable Expenses Agricultural commodity sales Commodity purchases Rebates for allowable expenses Containers and twine Wildlife damage compensation payments Fertilizer and lime Crop insurance payments Pesticides Insurance or other proceeds Insurance premiums for allowable income and (crop production, hail) expense items Crop Insurance premium Veterinary fees, medicine, A.I. fees adjustment payments Minerals and salts (reference years only) Machinery (gasoline, diesel fuel, oil) Electricity Freight and shipping Heating fuel Arm’s length salaries Storage/drying Prepared feed Insurance or other premiums for allowable income and expense items Commodity futures transaction fees Commissions and levies Point of sale adjustment Any income or expenses that are not substantiated by a verifiable explanation or those considered by SCIC to be unreasonable may be adjusted or considered non-allowable. Please review sections 6.2.1 – 6.2.9 for more information on allowable and non-allowable items. 6.2.1 Contract Work All contract work/machine rental income and expenses are considered non-allowable for AgriStability (with the exception of expenses for trucking used to transport eligible commodities to market or eligible inputs to the farm). Contract work includes: custom seeding, cleaning, snow plowing, gravel hauling, contract welding, oilfield Non-Allowable Income Non-Allowable Expenses Agricultural contract work Machinery repairs Business risk management and Agricultural contract work disaster assistance payments Other program payments Advertising and marketing costs Rebates for non-allowable Building and fence repairs expenses Patronage dividends Other insurance premiums Interest Memberships/subscription fees Gravel Legal and accounting fees Trucking Non-arm’s length salaries Machinery rental Office expenses Leases Motor vehicle expenses Resales of commodities Small tools purchased Soil testing Licenses/permits Telephone Machinery lease/rental Land clearing and draining Interest (real estate, mortgage, other) Property taxes Rent (land, buildings, pastures) Quota rental (tobacco, dairy) Gravel Purchases of commodities resold Motor vehicle interest and leasing costs Allowance on eligible capital property Capital cost allowance Mandatory inventory amendments – prior year Optional inventory amendments – prior year Other services, non-agricultural trucking, land clearing, logging, building, and construction. Income generated from these services is excluded from the AgriStability program year margin calculations. In addition, an amount equal to 30 per cent of reported contract work income is deducted from allowable expenses 29 to account for the expenses incurred to perform the contract work. If the 30 per cent ratio does not reflect the ratio on your farm, you can request that SCIC use a different expense ratio. SCIC may request supporting documentation to substantiate your expense ratio. In cases where contract work expenses include amounts for arm’s length labour or production input costs, the portion of these expenses will be allowable under the program if they are itemized separately on your financial statements submitted with your income tax return (or on other documentation as requested by SCIC). If there is a discrepancy in the method used to report these expenses in the program year and reference period, the reference period reporting will be adjusted to reflect the method used in the program year. This ensures an accurate comparison on your program year and reference margins. Custom Feeding Operations: In order for income and expenses from a feeding operation to be considered allowable, the operation must have made an appreciable contribution to the growth and maturity of the livestock. In the case of cattle, an appreciable contribution is made when the animals are fed for at least 60 days, or gain an average of at least 90 kilograms. If you are custom feeding, you must grow or purchase the feed used in the operation. Operations are not considered to have made a contribution to the growth and maturity of the livestock, and the corresponding income and expenses are therefore non-allowable, if they are: • acting as an agent or broker for the sale of livestock; 30 • buying livestock for short term resale; or • assembling and preparing livestock for shipment. Income and expense amounts reported as custom feeding must be limited to allowable income and expense items. For example, for income based on feed plus yardage charges, the feed portion would be considered allowable, while the yardage fees are not. For cattle, an amount equal to five per cent of reported custom feeding income is deducted to account for yardage fees. If the five per cent ratio does not reflect the ratio on your farm, you can request that SCIC use a different yardage ratio. SCIC may request supporting documentation to substantiate your yardage ratio. Custom Grazing: Although custom grazing is allowable in the AgriStability Program, the participant may be required to provide assurance the transaction is custom grazing and not pasture rent. In a custom grazing operation, the operator actively manages the forage resources of the land base in contrast to renting out pasture land to a livestock owner. To verify reported custom grazing income or expenses, SCIC may require a written agreement demonstrating: • the custom grazing operator assumed responsibility for the feeding, health and/or safety of the livestock; • the custom grazing operator charged fees on a weight gain or on a daily per head basis; and • the expense claimed reasonably approximates the value of the replaced feed. note: pasture rent is considered to be a non-allowable income/expense. 6.2.2 Labour Expenses 6.2.4 Peat Moss Arm’s length salaries (those paid to parties who are not a related person) are considered allowable under the AgriStability program. Any salaries that are disproportionately high in the program year relative to the reference period may be adjusted or deemed non-allowable, unless a verifiable explanation for the expense is provided. Sales and purchases related to a peat moss operation are non-allowable. However, if you are purchasing peat moss as a soil supplement, this is considered an allowable expense under the AgriStability program, and can be reported as a fertilizer and soil supplement expense under line code 9662. Non-arm’s length salaries (those paid to parties who are a related person, including management fees paid to the shareholders of a corporation) are non-allowable expenses for AgriStability. See glossary for definition of related persons. 6.2.3 Commodity Futures Income and expenses from futures market transactions (including options and forward contracts) are allowable as part of a hedging strategy providing: • your futures transactions were undertaken in commodities produced and/or consumed on your farm, or in those that would be considered a proxy for that commodity (e.g. if you do not grow or feed grain you cannot include wheat futures transactions as an allowable income and/or expense); • your futures transactions represent a volume of product that could either be reasonably produced and/or consumed on the farm, or would be considered a proxy for that commodity (e.g. if you grow 500 acres of canola, but undertook futures transactions equivalent to 1,000 acres of canola, you cannot include those transactions in excess of what was produced on the farm); or • your hedging of the dollar is relevant to the operation’s international sales. 6.2.5 Trees and Other Non-Edible Horticulture Allowable Items: Allowable tree production (excluding the non-allowable items listed below) must be generated through farming activity to be allowable under AgriStability. Farming activity includes the planting, nurturing and harvesting of trees, with significant attention paid to managing the growth, health, and quality of trees. This activity can involve the regular seeding and harvesting of trees, shrubs, herbaceous perennials, or annuals, including ornamental, fruit, and Christmas trees. These operations must incur normal input and harvesting costs, and the crop must be considered an agricultural commodity. The income and expenses associated with these commodities are allowable, and should be included as inventory on your AgriStability application. Non-Allowable Items: Income, expenses, and inventories related to the production and/or harvesting of trees for use as the following are non-allowable under AgriStability and will not be included in program margin calculations, regardless of the activities used to produce them: • firewood • construction material • poles or posts • fibre, pulp and paper • trees and seedlings destined for use in reforestation 31 6.2.6 Horses and Other Livestock Income from the primary production of horses (including PMU sales) is allowable if claimed as farm income for tax purposes. Income received from the buyout of PMU contracts is allowable if it was paid in lieu of the commodity income that would otherwise have been received under the contract. Income that was not paid in lieu of commodity income, such as penalty fees, is non-allowable. The following list identifies some examples of allowable and non-allowable items resulting from the buyout of a PMU contract: AllowableNon-Allowable PMU Collection Agreement (grams x rate) West Nile Reimbursement Herd and Health Payment Equine Placement Fund (voluntary, but not always selected) Rancher’s Payment Business Planning Subsidy Capital Costs Income from the sales and purchases of domesticated livestock in the operation of a hunt farm (where permitted by law) are allowable excluding amounts related to any ancillary services (e.g. food, lodging, hospitality, etc.). Income and expenses related to the operation of a wild game reserve, which keeps wild animals for the purpose of viewing or penned hunt, are considered non-allowable for AgriStability. Prize money from the showing of livestock in agricultural events such as fairs or expositions is considered agricultural and is therefore allowable income, providing it is incidental to the total farming income of your operation. 32 Income from training or boarding horses and prize money or purses from racing horses/other livestock are considered non-agricultural and therefore nonallowable for AgriStability and should be reported separate from farming income. 6.2.7 Processing and Resales Processing is defined as changing the state of the commodity (e.g. milk to cheese, strawberries to jam, beeswax to candles, beef to beef jerky, grain to flour) or adding value to a commodity without changing its state (alfalfa to alfalfa pellets). For the AgriStability program, income from processing is allowable if the following conditions have been met: • the commodities processed were produced on your agricultural operation; and • the income and expenses were reported to the CRA as farming income or loss. Resales are defined as the buying and selling of a commodity by the producer (for example, buying wheat seed and reselling it without the process of planting and growing the commodity). Some resales include processing of a commodity while other resales do not. The income and expenses associated with resales are non-allowable for the AgriStability program. 6.2.8 Supply-Managed Commodities Supply-managed commodities are covered by AgriStability only when the producer’s income declines into Tier 3. If your farm production includes supplymanaged commodities and your farm income declines into Tier 2 only, your benefit will be adjusted to ensure the program is not providing income stabilization for the portion of your farm that is supply-managed. This adjustment will not be applied if your program year margin declines into Tier 3. If you are producing supply-managed commodities in the program year and your program year margin declines into Tier 2 only, your AgriStability benefit will be reduced by the percentage of your allowable income derived from supply-managed commodities. This percentage is: • calculated based on the three years used to determine your reference margin; • calculated on the basis of the whole farm in cases where operations have been combined for AgriStability purposes; and • subject to structural change adjustments. 6.2.9 Farming Activities Outside Canada Income and expenses generated from farming activities outside Canada are non-allowable. However, income from commodities taken to a finished or marketable state within Canada and subsequently sold outside Canada, are allowable. In the event that a commodity is produced in Canada and then shipped outside Canada for further production, the income and expense generated once the commodity has left Canada is non-allowable. It is possible, however, that the commodity may return to Canada for further production or sale, in which case the income and expense generated once the commodity re-enters Canada is allowable. 6.3 Fiscal Periods Greater or Less Than 12 Months If your program year margin or any of your reference period margins represent less than a full year of operation (i.e. a stub period), the information for the stub period will be combined with information from prior fiscal periods until a minimum period of 12 months is available. The combined income and expenses will be prorated to reflect a 12-month period. Complete income, expense and accrual information for all combined periods must be reported. If a fiscal year spans more than 12 months and reflects more than the normal amount of income and expenses, SCIC will prorate the fiscal year to represent a 12-month period. In cases where your farming operation has a fiscal year other than 12 months, and within that fiscal year the number of production cycles completed is consistent with the number of production cycles completed in each of the reference years, SCIC may consider the fiscal year to constitute a normal fiscal period. In these cases, SCIC may not combine the information with prior fiscal periods and proration may not be necessary. Changing your fiscal year-end may affect which program year your operation is eligible to apply for, if your stub period results in a program year with less than six months of production or no production cycle. If your program year includes more than one fiscal yearend, SCIC will combine both fiscal periods and prorate to reflect a 12-month period. Any AgriStability benefit will be based on this prorated amount. Note: Any participant with a fiscal period of less than six months in the program year will not qualify for an AgriStability benefit. SCIC also reserves the right to apply adjustments necessary to more accurately reflect the farming activity of the participant. 6.3.1 Section 85 Rollovers Participants who form a new corporation will be asked to provide section 85 rollover documents, certificate of incorporation, a list of signing officers, relevant income and expense information and complete a Change Business Type form. 33 If the fiscal period of both the new and old operations end in the same calendar year in the year a corporation is formed, SCIC is required to combine information from both operations to determine AgriStability eligibility and benefit. Crop Insurance, you will receive a premium adjustment payment to address the difference. The payment will be sent after your AgriStability forms have been processed. If the new operation has a fiscal period of less than 12 months, the last fiscal period of the old operation and the first fiscal period of the new operation may be combined and converted to a 12-month period. This would occur when a proprietorship or partnership has formed a corporation and changes to a different year-end for the new operation. SCIC may consider a fiscal period of less than 12 months to constitute a full program year if the number of production cycles completed in that period is consistent with the number completed in each reference year. Prorating would not be necessary in this case. Negative margins are protected under the AgriStability program. A negative program year margin occurs when your allowable expenses exceed your allowable income after adjustments for changes in inventory valuation, receivables, payables, and purchased inputs. 6.3.2 Shell Corporations If your operation reports income and expenses to the CRA through a shell corporation, your program and reference years will be based on the information as reported to the CRA via the shell corporation. This includes, but is not limited to, the determination of eligibility, calculations of margins, and establishing the start and end dates for fiscal periods in program and reference years. 6.4 Crop Insurance Premium Adjustment AgriStability and Crop Insurance are designed to work together so that producers are not at a disadvantage by participating in both programs. If you receive a lower AgriStability benefit because you are also participating in 34 6.5 Negative Margins If your program year margin is negative, you may be eligible to receive benefits. Negative program year margin coverage provides a benefit of up to 60 per cent of your margin decline that is below zero. To qualify for negative margin coverage you must have: • incurred a negative program year margin due to reasons beyond your control; and • followed sound management practices. Deemed Crop Insurance Benefit: Participation in crop insurance is not required to receive an AgriStability benefit. However, your negative margin benefit may be reduced if you did not participate in crop insurance. If crop insurance was available and you did not insure all your insurable commodities at the 70 per cent level, your negative margin benefit will be reduced. SCIC will calculate the indemnity you would have received if you had participated in crop insurance. The crop insurance premium that you would have paid will be deducted from this amount to determine your deemed crop insurance benefit. Your negative margin benefit will be reduced by 60 per cent of the deemed crop insurance benefit. 6.5.1 Negative Reference Margins: Participants may qualify for AgriStability benefits even if they have a negative reference margin; however, the following conditions need to be met: • the decline in the program year margin is greater than the reference margin; and • at least two of the three years used to calculate the reference margin are positive. 6.6 Structural Change of Farming Operations A structural change may occur when there is a change in ownership, business structure, size or location of operation, farming practices, type of farming activity, method of accounting, or any other practice that may alter your production margins. When you change the structure of your farm, adjustments are made to your reference margin so it accurately reflects your farm in the program year. Structural changes are generally measured on the basis of your farm’s productive capacity. For livestock, productive capacity is measured according to the type of livestock being produced (e.g. number of animals fed on a cattle feeder operation). For crops, productive capacity is measured by productive acres (e.g. those already producing a crop or that will be productive in its first year). A crop that cannot normally be harvested in its first year, or in the program year, may not be included in the productive capacity of your farm. AgriStability generally uses the ratio method to calculate structural change. With the ratio method, your reference margins will be adjusted based on your own farm’s performance, rather than only industry averages. This method ensures an accurate reflection of what your margin would have been had the operation been the same size or type in the reference years as in the program year. If the structural change to your farming operation represents a $5,000, and at least a 10 per cent, difference in your margin, it will be subject to structural change adjustments. When using the ratio method, the structural change is calculated as follows: 1) For each year in the reference period, the number of productive units in that year will be multiplied by the BPU in that reference year for that commodity (or commodity group). • This is the historical production margin for each reference year. 2) For each year in the reference period, the number of productive units for each commodity (or commodity group) in the program year will be multiplied by the BPU in each reference year for that commodity (or commodity group). • This is the current production margin for each reference year. 3) The benchmark production margin calculated in (2) will be divided by the historical production margin calculated in (1). 4) The ratio calculated in (3) will be multiplied by the participant’s actual production margin for that reference year. The ratio method increases or decreases the production margins in the reference period by the same percentage of units changed (e.g. if a producer’s acres increase by 50 per cent, the reference year production margin is multiplied by 1.5). Where the standard structural change adjustment cannot be calculated or does not accurately reflect the structural change of your farming operation, alternate methods of calculating structural changes may be applied by SCIC. SCIC will apply any structural change adjustments to the production margin of each reference year prior to calculating the Olympic average reference margin. 35 Structural Change and Disaster Circumstances: The structural change adjustment may be waived if a structural change was the result of disaster circumstances. SCIC assesses situations on a case-by-case basis to ensure that all relevant factors affecting production are considered. Where disaster circumstances have occurred and compensation is received for lost productive capacity, it is considered allowable income under the program if it is received in lieu of normal farm income, or as an allowable program benefit. When assessing whether a structural change may be waived due to disaster circumstances, SCIC will apply the following criteria: • Disaster circumstances are those that occur for reasons outside your control. For example, flooding and depopulation of livestock due to disease would be outside the producer’s control. Disaster circumstances generally do not include circumstances arising from your health or business decisions. • Where the nature of the disaster is such that your productive capacity can be restored, the structural change will be waived for such time as is reasonable for restoration to take place. • Where the nature of the disaster is such that your productive capacity cannot be restored, or restoration would be economically unfeasible, the structural change will be waived until such a time as is reasonable for the producer to develop alternative capacity. A reasonable time period would generally not exceed one year. 36 6.6.1 Combining Operations / Whole Farm Approach The income and expense information of two or more related persons or entities may be combined if the farming operations are part of a whole farm, even though the operations report separately for income tax purposes. This ensures that AgriStability benefits are directed to farming operations that have experienced an income decline beyond their control. See glossary for definition of related persons. Your farm financial information may be combined with information from a non-participant if it is determined that you and the non-participant are related persons and are part of the same whole farm. Each participant’s benefit is calculated based on their share of the combined operation’s benchmark margin. If you are combined with a producer who is not eligible for, or not participating in, the AgriStability program, you will receive only your portion of program benefits. At the discretion of SCIC, operations are combined when they are determined to be related persons and: • the operations are not legally, financially or operationally independent; or • all or some of the transactions between the operation are above or below fair market value. A) Independence of Operations: SCIC will assess the legal, financial, and operational independence of operations. This may include, but is not limited to, establishing whether each operation is reporting reasonable amounts of allowable income and expenses. If one operation is claiming more or less than the proportionate amount of total allowable income or expenses, the operations may be combined. The following are examples of operations that will not be considered independent of one another: • Operations where transactions cannot clearly be assigned to one or the other operation(s) – this may include operations that do not maintain separate books, have commonly held inventory or inputs, or cannot show independent operational viability. • Operations that are engaged in “risk-splitting” – this would include operations that farmed as a single operation at any time in the program year or reference years and subsequently split into two or more operations (except where it can be demonstrated that a permanent division of controlling interest has taken place). B) Transactions not at Fair Market Value: Transactions between all parties (whether they are related persons, entities or otherwise) must be at fair market value to be included in the calculations of margins. Transactions above or below fair market value may be adjusted by SCIC to reflect fair market value. Where these transactions cannot be clearly defined, SCIC may combine the income and expenses of the participants involved. 6.6.2 Margin Calculations for Combined Operations If your operation is combined with that of a related person, the margin and benefit is calculated as follows: 1) For each reference year, the allowable income and expenses of all operations are combined to arrive at a production margin for that year. 2) Based on the combined production margin for each reference year, a reference margin for the combined operation is calculated. 3) For the program year, the allowable income and expenses (including all adjustments for inventories, payables, and receivables) for all operations are combined to arrive at a combined program year margin. 4) Each participant is allocated a percentage of the combined reference and program year margins based on each participant’s share of the combined operation’s benchmark margin. The benchmark margin for the combined operation is calculated by multiplying the combined operation’s productive units in the program year by the average BPU of each unit over the reference years. 5) The supply-management ratio calculation, if applicable, is calculated for the combined operation and applied to each combined participant as appropriate. 37 6.6.3 Benefits for Combined Operations Total benefits for combined operations, regardless of the number of parties, cannot exceed $3 million or 70 per cent of the combined margin decline of the combined program year margin relative to the combined reference margin. Margin declines will only be covered once, regardless of the number of parties involved. 6.6.4 Joining, Leaving, or Splitting an Existing Operation If you have joined, left, or split an operation, you may have all or part of that operation’s reference margin used in calculating your AgriStability benefit. For benefit calculations to be completed, all program information, for all parties involved in the operation, needs to submitted. Missing information from one or more parties involved in the combined operation will delay benefit processing. This ensures an accurate measure of any margin decline in the program year. 6.6.4.1 Joining or Leaving an Existing Operation Joining an Existing Partnership: If you have joined an existing partnership, you will be assigned a portion of that partnership’s reference margin based on your partnership percentage in the program year. If you have previous farming history, your existing reference period information will also be included in the calculation of any benefit. Leaving an Existing Business: If you have an existing operation and continued to farm, you may be assigned to all or a portion of that 38 operation’s reference margin. This will always be the case where: • you have left a partnership; or • you have folded a corporation you control and continued to operate a farming business that is substantially the same. In some circumstances, producers leaving an operation may be considered as beginning farmers. In this case, SCIC will create a reference margin. For example, if you leave a corporation without assuming a portion of its productive capacity and that corporation continues to operate, you may be considered a beginning farmer. 6.6.4.2 Splitting an Existing Operation If you are part of an operation that has been split, you will retain a share of the operation’s reference history. Where this split represents a permanent division of controlling interest, each producer emerging from the split will be assigned their share of the reference margin and assume independent benefit under the program. Where this split does not represent a permanent division of controlling interest (i.e. “risk-splitting”), each producer emerging from the split will retain a share of the reference margin, and will be combined for benefit purposes under the program until each party has accumulated an independent reference history. For benefit calculations to be completed, all program information, for all parties involved in the operation, needs to submitted. Missing information from one or more parties will delay benefit processing. 7.0 Important Information for Producers 39 7.0 Important Information for Producers 7.1 Limits on Government Benefits The maximum total government benefit that you can receive under AgriStability in a program year is capped at the lesser of $3 million or 70 per cent of the margin decline of your program year margin, relative to your reference margin. Any negative portions of the program year margin are included in the calculation of the 70 per cent benefit cap. AgriStability benefits for less than $10 will not be issued. 7.2 Interim Advance Payments The interim benefit option allows you to access funds prior to the completion of your fiscal period in the program year. To be eligible for an interim benefit you must: • complete a production cycle; • have six consecutive months of farming activity; and • have an estimated program year margin that has declined by more than 15 per cent (relative to your reference margin). NOTE: An Interim Advance Payment is calculated from an estimate of a participant’s final benefit. An interim benefit can result in an overpayment once the final benefit is calculated. An overpayment must be repaid by the participant. The requirements to complete a production cycle and six months of farming activity may be waived by SCIC if you were unable to complete them in the program year due to reasons beyond your control (such as disaster circumstances like flooding or drought). 40 The interim benefit is based on your estimated margin decline in the program year relative to your estimated reference margin. To reduce the risk of overpayment, interim benefits are based on a portion of your estimated final benefit. Interim benefits are generally issued at 50 per cent of your estimated final benefit. If you receive an interim benefit, you are required to meet all the AgriStability program participation requirements, including submitting final AgriStability program forms for that program year by the established deadline. If you do not, any interim benefits received will be considered an overpayment and you will be required to pay these benefits back to SCIC. SCIC has a number of resources available to help when deciding whether to apply for an interim advance payment. Advisors are located throughout the province (page 56) and can provide additional support and analysis when using the interim benefit process. For more details about the interim advance payment visit your nearest customer service office or contact the AgriStability Call Centre at 1-866-270-8450. 7.3 Targeted Advance Payments Although it is seldom used, a Targeted Advance Payment (TAP) may be available for designated sectors or regions, subject to the agreement of federal and provincial officials. A TAP may be made available in years when there is a need for more timely cash flow, where that need cannot be addressed effectively and rapidly through the existing interim benefit process. A TAP may be used in situations of unusual production or market disruption that will have a significant negative financial impact on producers of certain commodities, or those within a specified geographical area. The TAP was not designed to address individual farm situations. If you receive a TAP benefit, you are required to meet all the AgriStability program participation requirements, including submitting final AgriStability program forms for that program year by the established deadline. If you do not, any TAP benefits received will be considered an overpayment and you will be required to pay these benefits back to SCIC. 7.4 Treatment of AgriStability Benefits Benefits are subject to the operation of laws relating to estates, bankruptcies, separations, and divorces. The government benefits received from the AgriStability program cannot be assigned (except for cash advances), deferred or otherwise encumbered. The following guidelines for the treatment of AgriStability benefits are based on the CRA tax guidelines: • Government benefits paid to you are taxable in the year the cheque is dated. • Government benefits must be reported as farming income for tax purposes. • SCIC will issue an AGR-1 Supplementary – Statement of Farm Support Payments tax information slip for taxable benefits. 7.5 Audits, Verification, and Accuracy of Information The information on your AgriStability forms will be used for the purpose of administering your participation in the program, determining your eligibility for benefits, verifying the information submitted, and administering the premium adjustments linkage between Crop Insurance and the AgriStability program. As well, the information you provide will be used for the purpose of administering benefits under other farm income and special assistance programs, and any audit, analysis, and evaluation of the AgriStability and other farm income and special assistance programs. By participating in the program, you authorize the CRA to share provided information with SCIC. Information provided on your forms, and any additional information provided as your application is processed, may be shared between federal and provincial business risk management programs. Some important information about audits, verification and the accuracy of information: • It is your responsibility to ensure that information supplied to the CRA and SCIC is correct and complete. You must inform SCIC of any changes or corrections to information submitted. • If you provide false or misleading information you will be denied a benefit from the program, and will be required to repay any benefit received. It is a criminal offence to obtain money through willfully or intentionally providing false information. If you provide any false information to SCIC, or provide incomplete or misleading information, you may be liable for a fine, imprisonment, or both. • If you do not provide the required information or access to books and records within the specified time frame, you will be denied all or part of the benefit for the program year, or will be required to repay any benefit received. • You may be subject to audit on a pre- or postpayment basis by SCIC. Any information obtained through audit or inspection may be made available by SCIC to AAFC. 41 • If audit or inspection results in a change to the amount of your AgriStability program benefits, any additional amount will be paid to you. Likewise, any overpayment you receive will be required to be repaid. • All participants, including those in the process of an audit or an appeal, must continue to meet all applicable program deadlines in order to be eligible for AgriStability. • SCIC will not notify you of incorrect tax reporting. SCIC may adjust tax information as necessary for the purposes of calculating program margins. SCIC cannot make corrections to tax information with the CRA. You may be notified in writing that a correction with the CRA is required in order for your AgriStability program forms to be processed. In this case, you must make the correction with the CRA and notify SCIC by the established deadline. 7.6 Amendments Amendments must be submitted in writing, directly to SCIC. You must clearly identify your submission as a request for an amendment. When submitting amendment information to SCIC, participants should use the Additional Information and Amendment Request form. Amendments may require supporting documentation and are subject to verification, audit and/or inspection by SCIC. Where amendments affect taxable income, SCIC may require that the amendment be accepted by the CRA before it is accepted for program purposes. It is your responsibility to submit copies of the Notice of Reassessment issued by the CRA, or notifications of adjustments to information submitted to the CRA for income tax purposes. 42 If you are reassessed by the CRA, and your revised information affects your AgriStability margins, you must submit a copy of your Notice of Reassessment to SCIC. 7.6.1 Amendments Initiated by Producers You can request an amendment to information used in calculating your program benefits for the program year (including information used in calculating the reference margin for that program year) by submitting a written request to SCIC up to 18 months from the date of your original Calculation of Benefits (COB) for that program year. Additional benefits will not be paid with respect to any previous program year, where the amendment was submitted outside the 18-month period for that previous program year. If SCIC accepts the amendment and provides an adjusted COB, amendments related to changes made to that COB must be made within 90 days after notification of the amended COB, or within 18 months of notification of the original COB – whichever is later. For example: You received your original COB on February 1, 2011. You realize the canola inventory number used in the calculations was not correct and an amendment needs to be made. You have until August 1, 2012 to submit an amendment (18 months from the date on your original COB). If you submitted an amendment to the canola inventory figure on March 1, 2011 and it was accepted you would still have until August 1, 2012 to make additional amendments to your COB. If the canola inventory figure needed to be revised again, you would only have 90 days from the date of your revised COB to make changes to the information you already amended. Participant’s AgriStability Information Amendment Option Received COB on February 1, 2011 Submitted Canola Inventory change on March 1, 2011 Received revised COB on June 1, 2011 Have until August 1, 2012 to make amendments (18 months from the date on your original COB) Change is accepted or rejected by SCIC. Still have until August 1, 2012 to make additional amendments Have until September 1, 2011 to submit a change to the information you already amended (90 days from your revised COB) Note: SCIC may accept applications or amendments after a deadline, where a participant can demonstrate that exceptional circumstances prevented them from meeting a deadline. Exceptional circumstances are those that could not have been avoided by the exercise of due care by the producer, or a third party acting on behalf of the producer. Some examples of exceptional circumstances include the serious illness or death of the participant or an immediate family member, or a catastrophic event that prevented the participant from meeting the deadline. 7.6.2 Amendments Initiated by SCIC SCIC is responsible for ensuring that all benefits have been issued according to program guidelines and legislation; therefore, is not bound by deadlines in cases of amendments initiated by SCIC. 7.7 Overpayments and Debts Due You will be required to repay any benefits received under the AgriStability program that are in excess of the amount permitted under the guidelines of the program. Interest may be charged 30 days after the date that notification of overpayment is issued. The interest rate used is Royal Bank prime plus two per cent, adjusted quarterly. For more information about SCIC’s current interest rate and how it is being applied, please contact the AgriStability Call Centre at 1-866-270-8450. Debts due to the Crown, including AgriStability final and interim overpayments, may be deducted from any monies payable to you. You will be notified of these deductions. Receivables due to the AgriStability program, such as the ACS or program fee, will be deducted from any government benefits payable to you, or will be carried forward in the years you do not qualify for government benefits. 7.8 Bankruptcy An individual or entity that has declared bankruptcy in the program year may participate through the trustee in bankruptcy. If you declare bankruptcy after applying for AgriStability, it is your responsibility to ensure SCIC is notified. Applicants in bankruptcy are eligible for the AgriStability program if you meet the normal eligibility requirements of the program. The trustee in bankruptcy is assigned the responsibility of managing all the assets and liabilities of the bankrupt party, including AgriStability benefits, until the bankruptcy is discharged. The trustee may access your information subject to the provisions of the Privacy Act. It is the responsibility of the trustee to notify SCIC and provide instructions regarding the benefit. In all cases, SCIC will ask the trustee to provide documentation supporting the account’s payables. • If a bankruptcy has not been discharged, allowable payables in the program year margin will be included (unless the trustee provides other information). 43 • If a bankruptcy has been discharged, only those payables satisfied by the bankrupt estate (trustee), in part or in whole, will be included in the program year margin. Any payables or portion of payables not reimbursed to creditors will not be allowed. This ensures the AgriStability program is not paying the applicant for debts that have ceased to exist. The trustee must provide documentation supporting the amounts actually paid to all creditors. SCIC will provide notice to the trustee and the applicant of amounts payable to the applicant. In most cases, SCIC will direct benefits to the trustee. A cheque will be sent to an applicant if: • the bankruptcy is not known to SCIC; • the trustee confirms in writing that the AgriStability benefit is not part of the bankrupt estate; or • the trustee has been discharged of their duties and has provided documentation of their discharge. 44 7.9 Privacy The personal and financial information you provide to the Saskatchewan Crop Insurance Corporation (SCIC) will be used for purposes of processing your AgriStability program application, or as allowed by law (e.g. The Freedom of Information and Protection of Privacy Act, the Farm Income Protection Act, the Income Tax Act, and the Financial Administration Act). Once your AgriStability program application is submitted, the information becomes confidential. Information will only be used as specified on the AgriStability program application or shared with SCIC for administration purposes. 8.0 Ending Participation in the AgriStability Program 45 8.0 Ending Participation in the AgriStability Program There are two ways to end your participation in AgriStability: 1) When you receive your Enrolment/Fee Notice for the upcoming program year, use the appropriate check box to indicate that you do not wish to participate and submit the tear-off portion by the deadline indicated on the Enrolment/Fee Notice. If you do not notify SCIC by the Enrolment/Fee Notice deadline, you will be required to pay the ACS, and any applicable program fees and penalties for that program year. It is your responsibility to notify SCIC 46 by the applicable deadlines if you wish to rejoin the program in the future. 2) You can also notify SCIC by completing the cancellation form if you do not wish to participate in the program. You must complete and return the cancellation form by the applicable deadline. Otherwise, you will be required to pay the ACS, and any applicable program fees and penalties for that program year. 9.0 Appeals 47 9.0 Appeals If you feel that program rules were not correctly applied in the processing of your application, you may request a review of the application by SCIC. If SCIC cannot resolve your concerns, your request may be referred to an appeals committee. The appeals committee will review appeals in accordance with procedures established by SCIC, and the agreements governing the program. The appeals committee does not have the ability to create exceptions to program policies, such as eligibility criteria or any other provisions included in the program guidelines, the Growing Forward agreement, or the Farm Income Protection Act. All recommendations made by the appeals committee are considered non-binding. Appeals must be submitted in writing to SCIC at: AgriStability Program Appeals 484 Prince William Drive PO Box 3000 Melville SK S0A 2P0 Fax: 1-888-728-0440 You must submit your written request within 90 days from the date you were notified (in writing) of the decision you are appealing (e.g. 90 days from notification that your adjustment request has not be accepted by SCIC). Appeal letters must clearly identify the nature of the appeal and provide sufficient information and documentation to substantiate the appeal. If you do not identify the 48 nature of the appeal and/or provide sufficient information and documentation to substantiate the appeal by the date specified by SCIC, your appeal will not be forwarded to the appeals committee. The appeals committee may recommend exceptions to deadlines in cases involving exceptional circumstances, where the failure to meet the requirements of the AgriStability program could not be avoided by the exercise of due care by the producer or a third party acting on behalf of the producer. Examples of exceptional circumstances include Acts of God such as flash floods, unscheduled surgery, or the death or serious illness of the participant or an immediate member of the participant’s family. When reviewing cases involving exceptional circumstances, the length of time prior to the deadline when the events occurred will be taken into consideration. Appellants, including those who use the services of a third party, are responsible for knowing and following program policies and deadlines. Disagreeing with program policies is not a valid ground for appeal. SCIC may not refer an appeal to an appeals committee where the appeal does not disclose a valid ground for appeal. Note: All participants, including those in the process of an appeal, must continue to meet all applicable program deadlines in order to be eligible for AgriStability. 10.0 Index 49 10.0 Index A B Accounting . . . . . . . . . . . . . . . . . . . . . . . . . . . 26, 29, 32 Band Farms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Accounts Payable . . . . . . . . . . . . . . . . . . . . . . . 8, 18, 26 Bankruptcy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43, 44 Accounts Receivable . . . . . . . . . . . . . . . . . . . . . . . . 8, 26 Beginning Farmer . . . . . . . . . . . . . . . . . . . . . . . 8, 17, 38 Accrual Adjustments . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Benchmark Per Unit (BPU) . . . . . . . . . . . . . . . . . 8, 35, 37 Additional Information and Amendment Request Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Benefit Calculation . . . . . . . . . . . . . . . . . . . . . . . . . 14, 38 Administrative Cost Share (ACS) . . . . . . . 8, 12, 16, 43, 46 Business Risk Management . . . . . . . . . . . . 4, 5, 8, 29, 41 AGR-1 Supplementary . . . . . . . . . . . . . . . . . . . . . . . . . 41 C Agreement . . . . . . . . . . . . . . . . . . . . . 4, 8, 17, 29, 40, 48 Calculation of Benefits (COB) . . . . . . . . . . . . . 5, 8, 16, 42 Agriculture and Agri-Food Canada (AAFC) . . . . . . 6, 19, 41 Canada Revenue Agency (CRA) . . . . . 5, 6, 8, 12, 13, 18-20, . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26, 32, 34, 41, 42 AgriInsurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 8 AgriInvest . . . . . . . . . . . . . . . . . . . . . . . 4, 5, 8, 14, 18-20 AgriRecovery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 8 AgriStability Call Centre . . . . . . . . . . . . . . . . . . . . . . . . . 6 Allowable Items . . . . . . . . . . . . . . . . . . . . . . . . 28, 29, 31 Amendment . . . . . . . . . . . . . . . . . 1, 16, 21, 24, 29, 42, 43 Appeal Submission . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1, 16, 24, 48 Arm’s Length Transactions . . . . . . . . . . . . . . 8, 29, 30, 31 Audits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 50 Canadian Wheat Board (CWB) . . . . . . . . . . . . . . 21, 27, 28 Cancel Participation Form . . . . . . . . . . . . . . . . . . . . . . . 21 Change Contact Person Form . . . . . . . . . . . . . . . . . 19, 21 Change Participant Information Form . . . . . . . . . . . . . . 21 Combining Operations . . . . . . . . . . . . . . . . . . . . . . . . . 36 Commodity Futures . . . . . . . . . . . . . . . . . . . . . . . . 29, 31 Communal Organizations . . . . . . . . . . . . . . . . . . . . . 9, 19 Contact Person . . . . . . . . . . . . . . . . . . . . . . . . . . . 19, 21 Contract Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29, 30 Contribution Reference Margin (CRM) . . . . . . . . . . 8, 9, 12 G Co-operatives . . . . . . . . . . . . . . . . . . . . . . . . 5, 18-21, 27 Government Benefit Limit . . . . . . . . . . . . . . . . . . . . . . . 40 Corporations . . . . . . . . . . . . . . . . . . . . . . 5, 10, 18-21, 27 Government Funded Institutions . . . . . . . . . . . . . . . . . . 18 Corporations/Co-operatives/Other Entities . . . . . . 19-21, 27 Growing Forward Agreement . . . . . . . . . . . . . . 4, 8, 9, 48 Corporations/Co-operatives/ Other Entities Form . . . . . . . . . . . . . . . . . . . . . 18-21 H Crop and Livestock Inventories . . . . . . . . . . . . . . 9, 26, 27 Harmonized AgriStability and AgriInvest Form . . . . . . . . . 18 Crop Insurance . . . . . . . . . . . . . 4, 5, 8, 28, 29, 34, 41, 44 Horses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Crop Insurance Premium Adjustment . . . . . . . . . . . . . . 34 I Custom Feeding Operations . . . . . . . . . . . . . . . . . . . . . 30 Independence of Operations . . . . . . . . . . . . . . . . . . . . . 36 CWB-RA Worksheet . . . . . . . . . . . . . . . . . . . . . . . . 21, 28 Interim Application . . . . . . . . . . . . . . . . . . . . . . . 1, 21, 24 D Interim Benefit . . . . . . . . . . . . . . . . . . . . . . . . . . 9, 21, 40 Deadlines . . . . . . . . . . . . . 1, 4, 13, 16, 24, 42, 43, 46, 48 Inventory . . . . . . . . . . . . . . 14, 18, 21, 26-29, 31, 34, 37 Disaster Circumstances . . . . . . . . . . . . . . . . 8, 17, 36, 40 J E Joining an Existing Operation . . . . . . . . . . . . . . . . . . . . 38 Ending Participation . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Joint Venture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9, 17 Enrolment/Fee Notice . . . . . . . . 1, 8, 12, 13, 16, 21, 24, 46 L Estates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18, 41 Labour Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 F Landlords . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Fair Market Value . . . . . . . . . . . . . . . . . . . . . . . . . . 36, 37 Leaving an Operation . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Fee . . . . . . . . . . 1, 5, 9, 12, 13, 16, 24, 30-32, 43, 46, 48 Limited Liability Partnerships . . . . . . . . . . . . . . . . . . . . 19 Fiscal Period . . . . . . . . . . . . . . . . . . . . 10, 26, 33, 34, 40 Livestock . . . . . . . . . . . . . . . 16, 17, 26, 27, 30, 32, 35, 36 51 M P Margin Decline . . . . . . . . . . . . . . . . . 4, 14, 32-34, 38, 40 P1/P2 Hybrid Inventory Valuation . . . . . . . . . . . . . . . 9, 26 Margins . . . . . . . . . . 12, 13, 16, 17, 26, 30, 33-35, 37, 42 Multi-Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Participant . . . . . . . . . . . . . . . . . . 1, 4, 5, 9, 12, 13, 16, 21 . . . . . . . . . 24, 26, 28, 30, 33, 35-37, 40, 42, 43, 48 Multiple Operations . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Participant Initial Declaration . . . . . . . . . . . . . . . . 9, 20, 21 Partnership . . . . . . . . . . . . . . . . . . . . . 18, 19, 21, 34, 38 N Peat Moss . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28, 31 Penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1, 24, 32 Negative Margin . . . . . . . . . . . . . . . . . . . . . . . . . 9, 14, 34 Perishable Commodities . . . . . . . . . . . . . . . . . . . . . . . . 26 New Participant . . . . . . . . . . . . . . . 1, 9, 13, 16, 20, 21, 24 Perishable Crops . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 New Producer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20, 44 Non-Allowable Items . . . . . . . . . . . . . . . . . 28, 29, 31, 32 Privacy Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43, 44 Non-Arm’s Length Transaction . . . . . . . . . . . . . . 9, 29, 31 Producer Payment Option . . . . . . . . . . . . . . . . . . . . . . . 28 Non-Edible Horticulture . . . . . . . . . . . . . . . . . . . . . . . . 31 Production Cycle . . . . . . . . . . . . . . . . 9, 16, 17, 33, 34, 40 O Production History . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Olympic Average . . . . . . . . . . . . . . . . . . . . . 9, 12, 13, 35 Production Margin . . . . . . . . . . . . . . . . . . . . . . . 9, 35, 37 Opening Price . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26, 27 Productive Capacity . . . . . . . . . . . . . . . 12, 17, 35, 36, 38 Overpayment . . . . . . . . . . . . . . . . . . . . . . . . . . . 28, 40-43 Program Fee . . . . . . . . . . . . . . 1, 5, 12, 13, 16, 24, 43, 46 Program Forms . . . . . . . . . . . . . . . . . 1, 16-21, 24, 40-42 Program Margin . . . . . . . . . . . . . . . . . . . . . . . . 10, 31, 42 Program Year . . . . . . . . . . . . . . . . 1, 4, 10, 12-14, 16-18, . . . . . . . . . . . . . . . . . . 24, 26-35, 37, 38, 40-44, 46 Program Year Margin . . . . . . . . . . . . . . 13, 14, 17, 26, 29, . . . . . . . . . . . . . . . . . . . . . . . . 32-35, 37, 38, 40, 44 Province of Main Farmstead . . . . . . . . . . . . . . . . . . . . . 17 Purchased Inputs . . . . . . . . . . . . . . . 10, 14, 18, 20, 26, 34 52 R T Ratio Method . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 T2 SCH1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Reference Margin . . . . . . . . . . . . . . . . . . . . 4, 10, 12-14, . . . . . . . . . . . . . . . . . . . . . 30, 33, 35, 37, 38, 40, 42 Targeted Advance Payment (TAP) . . . . . . . . . . . . . . 40, 41 Related Persons . . . . . . . . . . . . . . . . . . . . . 10, 31, 36, 37 Tier 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10, 14 Resales . . . . . . . . . . . . . . . . . . . . . . . . . . . 28, 29, 30, 32 Tier 2 (Stabilization) . . . . . . . . . . . . . . . . . . 10, 14, 32, 33 Rights and Things . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Tier 3 (Disaster) . . . . . . . . . . . . . . . . . . . . . . . . 10, 14, 32 Rollovers, Section 85 . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Trees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28, 31 S V Shell Corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Sole Proprietorships . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Taxable Entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Verification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41, 42 Splitting an Existing Operation . . . . . . . . . . . . . . . . . . . .38 W Status Indians . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17, 19 Whole Farm . . . . . . . . . . . . . . . . . . . . . . . . . . . 10, 33, 36 Structural Change . . . . . . . . . . . . . . 10, 12-14, 33, 35, 36 Y Stub Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10, 33 Yardage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Supply-Managed Commodities . . . . . . . . . . . . . . . . 32, 33 Year-End . . . . . . . . . . . . . . . . . . . . . 19, 26-28, 31, 33, 34 53 Notes ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ 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___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ 55 AgriStability Advisor Regions Part of SCIC’s commitment to enhanced customer service has been the introduction of AgriStability Advisors. These individuals are based out of the SCIC customer service offices and are available for one-on-one consultations to help resolve any issues or concerns or provide support and analysis for working with the AgriStability program. Backed with strong agriculture and program knowledge, these individuals can consult with participants ensuring effective use of this business risk management program. The phone numbers listed below can be used to contact the AgriStability Advisor in your area. Meadow Lake Turtleford Lloydminster Spiritwood Nipawin Carrot River 728-0883 Prince Albert Melfort Tisdale North Battleford Hudson Bay 728-0532 Wilkie Humboldt Saskatoon Kelvington Kerrobert Preeceville 728-0534 728-0593 Kindersley Rosetown Outlook Raymore Davidson 728-0702 Leader Yorkton Melville Indian Head Moose Jaw Swift Current Maple Creek 728-0533 Shaunavon 728-0535 Gravelbourg Assiniboia Regina Grenfell Moosomin 728-0555 Weyburn Carlyle Oxbow Estevan 56 Customer Service Offices Assiniboia Leader Preeceville Rosetown Tisdale Box 340 401 1st Ave. W. Assiniboia, SK S0H 0B0 1-888-935-0017 Box 387 #5-111 1st Ave. W. Leader, SK S0N 1H0 1-888-935-0011 Box 800 239 Hwy. Ave. E. Preeceville, SK S0A 3B0 1-888-935-0015 Box 1000 124 2nd Ave W. Rosetown, SK S0L 2V0 1-888-935-0019 Box 310 1105 99th St. Tisdale, SK S0E 1T0 1-888-935-0014 Davidson Moose Jaw Prince Albert Saskatoon Turtleford Box 339 103 Lincoln St. Davidson, SK S0G 1A0 1-888-935-0020 45 Thatcher Dr. E. Moose Jaw, SK S6J 1L8 1-888-935-0012 Box 3003 800 Central Ave. Prince Albert, SK S6V 6G1 1-888-935-0018 3830 Thatcher Ave. Saskatoon, SK S7K 2H6 1-888-935-0024 Box 400 217A Main St. Turtleford, SK S0M 2Y0 1-888-935-0030 Box 889 Box 1716 709 Carleton St. #5-419 Kensington Ave. Moosomin, SK Estevan, SK S0G 3N0 S4A 1C8 1-888-935-0005 1-888-935-0002 Raymore Box 1210 55 3rd Ave. E. Shaunavon, SK S0N 2M0 1-888-935-0010 Humboldt Regina Estevan Box 660 1710 8th Ave. Humboldt, SK S0K 2A0 1-888-935-0026 Moosomin North Battleford Kramer Place 1192 102nd St. North Battleford, SK S9A 1E9 1-888-935-0028 Box 178 113 Main St. Raymore, SK S0A 3J0 1-888-935-0016 515 Henderson Dr. Regina, SK S4N 5X1 1-888-935-0001 Shaunavon Swift Current E.I. Wood Building Box 5000 350 Cheadle St. W. Swift Current, SK S9H 4G3 1-888-935-0007 Weyburn Box 2003 110 Souris Ave. N.E. Weyburn, SK S4H 2Z9 1-888-935-0003 Yorkton 38-5th Ave. N. Yorkton, SK S3N 0Y8 1-888-935-0013 Kindersley Box 1540 409 Main St. Kindersley, SK S0L 1S0 1-888-935-0021 SCIC AgriStability Call Centre Call toll-free 1-866-270-8450 Fax toll-free 1-888-728-0440 www.saskcropinsurance.com agristability@scic.gov.sk.ca Office Hours: 8:00 a.m. to 5:00 p.m. Closed weekends and statutory holidays Saskatchewan Crop Insurance Corporation Head Office 484 Prince William Drive, PO Box 3000, Melville SK S0A 2P0 Ce livret est aussi disponible en français. Customer Service Offices Assiniboia Moose Jaw Raymore Swift Current Davidson Moosomin Regina Tisdale Estevan North Battleford Rosetown Turtleford Humboldt Preeceville Saskatoon Weyburn Kindersley Prince Albert Shaunavon Yorkton Leader